81R3742 YDB-D
By: Bonnen H.B. No. 1750
A BILL TO BE ENTITLED
AN ACT
relating to the creation of criminal law magistrates for Brazoria
County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 54, Government Code, is amended by
adding Subchapter HH to read as follows:
SUBCHAPTER HH. BRAZORIA COUNTY CRIMINAL MAGISTRATES
Sec. 54.1851. APPOINTMENT. (a) The Commissioners Court of
Brazoria County may select magistrates to serve the courts of
Brazoria County having jurisdiction in criminal matters.
(b) The commissioners court shall establish the minimum
qualifications, salary, benefits, and other compensation of each
magistrate position and shall determine whether the position is
full-time or part-time. The qualifications must require the
magistrate to have served as a justice of the peace or be an
attorney licensed in this state.
(c) A magistrate appointed under this section serves at the
pleasure of the commissioners court.
Sec. 54.1852. JURISDICTION. A magistrate has concurrent
criminal jurisdiction with the judges of the justice of the peace
courts of Brazoria County.
Sec. 54.1853. POWERS AND DUTIES. (a) The Commissioners
Court of Brazoria County shall establish the powers and duties of a
magistrate appointed under this subchapter. Except as otherwise
provided by the commissioners court, a magistrate has the powers of
a magistrate under the Code of Criminal Procedure and other laws of
this state and may administer an oath for any purpose.
(b) A magistrate shall give preference to performing the
duties of a magistrate under Article 15.17, Code of Criminal
Procedure.
(c) The commissioners court may designate one or more
magistrates to hold regular hearings to:
(1) give admonishments;
(2) set and review bail and conditions of release;
(3) appoint legal counsel; and
(4) determine other routine matters relating to
preindictment or pending cases within those courts' jurisdiction.
(d) In the hearings provided under Subsection (c), a
magistrate shall give preference to the case of an individual held
in county jail.
(e) A magistrate may inquire into a defendant's intended
plea to the charge and set the case for an appropriate hearing
before a judge or master.
Sec. 54.1854. JUDICIAL IMMUNITY. A magistrate has the same
judicial immunity as a district judge.
Sec. 54.1855. WITNESSES. (a) A witness who is sworn and
who appears before a magistrate is subject to the penalties for
perjury and aggravated perjury provided by law.
(b) A referring court may fine or imprison a witness or
other court participant for failure to appear after being summoned,
refusal to answer questions, or other acts of direct contempt
before a magistrate.
SECTION 2. Article 2.09, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.09. WHO ARE MAGISTRATES. Each of the following
officers is a magistrate within the meaning of this Code: The
justices of the Supreme Court, the judges of the Court of Criminal
Appeals, the justices of the Courts of Appeals, the judges of the
District Court, the magistrates appointed by the judges of the
district courts of Bexar County, Dallas County, or Tarrant County
that give preference to criminal cases, the criminal law hearing
officers for Harris County appointed under Subchapter L, Chapter
54, Government Code, the criminal law hearing officers for Cameron
County appointed under Subchapter BB, Chapter 54, Government Code,
the magistrates appointed by the judges of the district courts of
Lubbock County, Nolan County, or Webb County, the magistrates
appointed by the judges of the criminal district courts of Dallas
County or Tarrant County, the masters appointed by the judges of the
district courts and the county courts at law that give preference to
criminal cases in Jefferson County, the magistrates appointed by
the judges of the district courts and the statutory county courts of
Brazos County, Nueces County, or Williamson County, the magistrates
appointed by the judges of the district courts and statutory county
courts that give preference to criminal cases in Travis County, the
criminal magistrates appointed by the Brazoria County
Commissioners Court, the county judges, the judges of the county
courts at law, judges of the county criminal courts, the judges of
statutory probate courts, the associate judges appointed by the
judges of the statutory probate courts under Subchapter G, Chapter
54, Government Code, the justices of the peace, and the mayors and
recorders and the judges of the municipal courts of incorporated
cities or towns.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.